Home > Abuse of Process of Court, Art of Counter-CyberForensics, Case Law Studies, Damages, Law of Tort, Malicious Prosecution, Vicarious Liability > The Legendary Geisha Then So-Called Well-Known-Super-Sly-Malicious Deputy Public Prosecutor Recently

The Legendary Geisha Then So-Called Well-Known-Super-Sly-Malicious Deputy Public Prosecutor Recently

GEORGE TOWN: A lawyer representing a food outlet assistant on a drug trafficking charge lost his cool after the judge ordered his client to enter defence.The drama transpired after High Court judicial commissioner Mohd Amin Firdaus Abdullah ordered Sharifurahim Abdullah, 30, to enter his defence for trafficking in 23kg of cannabis.Sharifurahim’s lawyer, R.S.N. Rayer immediately expressed dissatisfaction after arguing that Amin had given the decision on the spot after hearing his and deputy public prosecutor Norina Zainol Abidin’s submissions.
Rayer argued that Amin had passed judgment instantaneously, without taking time to consider the submissions.

“I have been handling drug trafficking cases for a long time. I am shell-shocked with the court’s decision.

“If you want to proceed with the defence today, then I have no choice but to discharge myself,” Rayer said.
Amin said: “In that case, I will have to call the chief justice and complain to the Bar Council.”

Rayer then replied that Amin “can do as you please”, noting that he had to take instructions from his client.

Amin then fixed 9am today to hear the defence.
Sharifurahim was charged with trafficking in the cannabis behind a house in Kampung Permatang Rawa, Bukit Mertajam, at 9pm on March 31, 2006.

Earlier, Rayer submitted that the search list confirmed the defence contention that Sharifurahim was arrested in the house in Bukit Mertajam.

“The prosecution’s version that the drugs were recovered in an open space is not true.

“The raiding officer’s oral evidence contradicts the search list, which stated that the drugs were found in the house.”

Deputy public prosecutor Norina Zainol Abidin submitted that there was no contradiction, noting that if there was, it was a minor one.

Norina added that oral evidence carried more weight than the search list.

Amin, in ordering the accused to enter his defence, said the court found there was evidence that the accused had physical control of the drugs.

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GEORGE TOWN: After losing his cool over a High Court judicial commissioner’s decision ordering his client to enter defence on Wednesday, counsel R.S.N. Rayer yesterday applied to withdraw himself from the case.

Rayer, who is representing food outlet assistant Sharifurahim Abdulah, 30, said the defence believed the court, which was presided by Mohd Amin Firdaus Abdullah, was prejudiced.

Rayer said his client, who is charged with trafficking in 23kg of cannabis, had expressed loss of confidence in the court and begged him (Rayer) to get a different judge to hear his case.
Amin then went into chambers to consult with the chief justice. When he returned about an hour later he told Rayer to write to the chief justice on his request, but the court would still proceed to hear the defence.

Rayer and Amin then had an argument, with Rayer saying:

“If I had known Your Honour was going to proceed with the hearing today I would have faxed the letter to the chief justice myself earlier.”
Rayer argued that during Wednesday’s 90-minute submissions, Amin did not take any notes but quickly ordered his client to enter defence, passing judgment instantaneously without considering the submissions by both the defence and deputy public prosecutor Norina Zainol Abidin.

“This is not a simple curi ayam (chicken stealing) case but a Section 39B (of the Dangerous Drugs Act). With due respect, I beg the court to speak to the chief justice on this matter.”

Amin, with both the defence and prosecution, then returned to chambers to deliberate on the matter.
After 15 minutes, Rayer returned and told his client that the court has allowed the defence to write to Tan Sri James Foong, managing judge for the Penang courts to recuse Amin.

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